I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
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(Reference for a preliminary ruling - Area of freedom, security and justice - Border controls, asylum and immigration - Directive 2002/90/EC - General offence of facilitation of unauthorised entry, transit and residence - Article 1(1)(a) - Interpretation consistent with the Charter of Fundamental Rights of the European Union - Article 7 - Respect for private and family life - Article 24 - Rights of the child - Article 52(1) - Interference with the essence of fundamental rights - Article 18 - Right to asylum - Person bringing into the territory of a Member State, in an unauthorised manner, minors who are third-country nationals accompanying him or her and over whom he or she exercises actual care)
(C/2025/4015)
Language of the case: Italian
intervening party:
Procura della Repubblica presso il Tribunale di Bologna
Article 1(1)(a) of Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence, read in the light of Articles 7 and 24 and Article 52(1) of the Charter of Fundamental Rights of the European Union,
must be interpreted as meaning that, first, the conduct of a person who, in breach of the rules governing the movement of persons across borders, brings into the territory of a Member State minors who are third-country nationals and are accompanying him or her, and over whom he or she exercises actual care, does not fall within the scope of the general offence of facilitation of unauthorised entry, and, second, those articles preclude national legislation criminalising such conduct.
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(1) OJ C 338, 25.9.2023.
The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.
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ELI: http://data.europa.eu/eli/C/2025/4015/oj
ISSN 1977-091X (electronic edition)
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